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    Vox92's Avatar
    Vox92 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 25, 2009, 04:54 PM
    Is property Lien what I need?
    We moved into a brand new house two years ago... a dirt start in a new subdivision.
    My neighbor bought the house next to us, a builder's spec home well after we moved in.
    We both were required by the HOA to put up a fence on the property line and share the expense thereof. This is a demand made by the HOA to all owners.
    I ended up being forced to build the fence, due to threats from the HOA to put a lien on our property!
    My neighbor agreed to pay half but I could never get him to help advance the project nor pay his share before, during or after the fence was completed.
    Ultimately, I paid for it all, while the neighbor subsequently skipped on everything and defaulted on his home loan during this time and lost his house to his bank or lending institution late last fall.

    The house is now up for sale again and the bank has a buyer but they all tell me to pound sand on the fence issue.
    Is there any recourse for us.
    Is a lien on the next door property a viable solution to get reimbursed for their 1/2 share of the entire fence cost? This is only an $1600.00 fence and their fare share would be around $800.00
    Remember, this fence was a demand by the HOA to ALL property owners and well before the previous owner defaulted.. . this would be true to any new owner where the fence has not been completed yet also.
    Time is an issue now as closing to the new owners looms...
    Thanks for any help in this matter.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jan 25, 2009, 05:16 PM

    The time to put a lien was BEFORE the property changed hands. Now, I'm not sure you can. I would consult a real estate attorney. You may have a case against the HOA.
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